Limitation Period
The date of an accident starts many clocks. The timeline in which to sue, to receive statutory accident benefits and to apply for collateral benefits are all under strict timelines. Once a personal injury has taken place, a lawyer should be contacted immediately, to get advice on the timeline in which you can pursue a claim.
Length of time of a Lawsuit
Timing of a lawsuit is difficult to predict. A lawsuit can take up to two years or longer to settle or go to trial. Personal injuries take time to heal, and a file should never be settled early if the injuries have not stabilized.
Most lawsuits go through the same basic steps, although not always in the same order.
The steps listed below are the main steps that occur in a personal injury lawsuit.
The information below is not meant to provide legal advice for a particular case, and independent legal advice should always be sought.
Gathering the Facts
All the facts are gathered including interviewing and taking statements from witnesses. Sometimes investigators or experts are hired to assist with the liability investigation. Referrals are generated to the appropriate health care providers.
Starting the Lawsuit
The court documents are drawn up and issued by the Court. We will deliver the copies of the law suit to the Defendant.
Examination for Discovery
After gathering the facts, arrangements for an examination for discovery are made. At the examination for discovery, the Defendant is questioned under oath or affirmation about the accident. We ask the Defendant to show us what relevant documents the Defendant has, and to tell us about all relevant documents he or she has ever owned or had access to.
The Defendant’s lawyer questions the injured client about the accident and the injuries suffered. We give the Defendant copies of the documents we have that relate to the lawsuit, and our client describes all relevant documents he or she once had, or had access to. Copies of medical reports and insurance examinations are provided to the Defendants for their review.
Review of the Law
We review the law once we know the facts. We provide a legal opinion concerning the particulars within the file.
Mediation, Negotiation and Settlement
A mediation is held to attempt to resolve a law suit with an accredited mediator. When it is appropriate, we will talk with the Defendant’s lawyers, and negotiate, to see if they will settle the claim. If the claim is settled, it does not go to trial.
Preparation for Trial
We prepare the case for trial, including getting all the necessary documents together, arranging for witnesses to attend, and preparing statements of law.
Trial
Demonstrative evidence is prepared, experts are called into testify and a judge or a judge and jury decide the case. The length of the trial could be weeks to months. A judgment is made at trial, and depending on the file, it either settles the case or is appealed to the next level of Court. |
